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State by State Background
Alabama

Cannabis Advertising State Regulations

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Alabama State Advertising Regulations

The state of Alabama has a compelling interest in ensuring that any advertising or marketing campaign related to or involving medical cannabis does not encourage, promote, or otherwise create any impression that cannabis is legal, therapeutic, or beneficial, except as specifically authorized by the Act and these Rules.

Any name, logo, sign, advertisement, or other marketing campaign or program on behalf of a licensee, regardless of the medium, must adhere to specific guidelines. First, it must not include references to, or be accompanied by, any image that resembles a cartoon character or any individual (actual or fictional) whose audience is more than fifteen percent (15%) minors. Furthermore, it is prohibited from marketing, distributing, offering, selling, or licensing any apparel or other merchandise related to the sale of medical cannabis.

Additionally, the marketing material must not suggest, either directly or indirectly, a relationship to edibles such as candy, cookies, brownies, cakes, or beverages. It is also forbidden to include designs or other presentational effects commonly used to target minors. The material must not suggest or indicate that the product or entity in the advertisement has been approved or endorsed by the Commission, the State of Alabama, or any associated person, entity, or agency.

Advertisements must be consistent with the medicinal and approved use of medical cannabis. They should not encourage the use of medical cannabis for conditions other than those qualifying under medical guidelines. Moreover, marketing materials must not contain false or misleading statements, unapproved names, or depictions of cannabis plants or parts thereof, except in specific contexts such as signs and materials provided inside a dispensing site or on a website for patients and caregivers.

Lastly, the use of slang terms, references to unlicensed uses of cannabis, disparagement of competitor products, and any obscene, indecent, or profane statements or depictions are strictly prohibited. Statements regarding the health benefits or therapeutic efficacy of cannabis or medical cannabis must be supported by substantial clinical data to be included in any marketing or advertising materials.

Discounts / Promotions:

Allowed

Creative Guidelines:

  • No Minor Appeal: Avoid cartoon characters or figures appealing to minors.
  • No Merchandising: Do not promote apparel or merchandise related to medical cannabis.
  • No Edible/Beverage Links: Avoid linking to edibles or beverages.
  • No State Endorsement: Do not imply endorsement by state or related entities.
  • Adhere to Medicinal Use: Align advertising with approved medicinal use and avoid promoting off-label uses.

Synopsis:

Any name, logo, sign, advertisement, or other marketing campaign or program of or on behalf of a licensee, regardless of the medium, must not:

(a) Include reference to, or be accompanied by, any image bearing a resemblance to a cartoon character or of any individual (actual or fictional) more than fifteen percent (15%) of whose audience is, or should be reasonably anticipated to be, composed of minors;

(b) Market, distribute, offer, sell, license, or cause to be marketed, distributed, offered, sold, or licensed, any apparel or other merchandise related to the sale of medical cannabis;

(c) Suggest, by direct or indirect reference, a relationship to edibles (including candy, cookies, brownies, cakes, and the like) or beverages;

(d) Include designs or other presentational effects that are commonly used to target minors;

(e) Suggest or otherwise indicate that the product or entity in the advertisement has been approved or endorsed by the Commission, the State of Alabama or any person, entity or agency associated with the State of Alabama;

(f) Advertise in a manner that is inconsistent with the medicinal and approved use of medical cannabis;

(g) Encourage the use of medical cannabis for a condition other than a qualifying medical condition;

(h) Contain any statement, design, representation, picture, or illustration that contains or communicates:

1. False or misleading statements;

2. Names other than the registered name of the licensee's registered business name or an approved d/b/a, or the registered name of medical cannabis or related products;

3. A depiction of cannabis plants or any part thereof, except with respect to:

(a) signs, displays and marketing material provided inside a dispensing site, including but not limited to brochures or other written materials provided directly to patients and caregivers within the sales area of a dispensing site, or

(b) on a website maintained by the licensee for the exclusive use of patients and caregivers.

4. Slang terms and similar references, including words or depictions directly or indirectly referring to, unlicensed uses of cannabis;

5. Disparagement of a competitor's products;

6. Obscene, indecent, or profane statements or depictions; or

7. Statements as to the health benefits or therapeutic benefits of cannabis or medical cannabis, and statements as to the safety or efficacy of cannabis or medical cannabis unless supported by substantial clinical data.

Disclaimer

Please note that we are not legal professionals, and the information provided in this article should not be interpreted as legal advice. We strongly recommend consulting with legal counsel to ensure compliance with all applicable laws and regulations.